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REGISTERED NO. D. (D.N.

) 127

EXTRAORDINARY

PART II—Section 3—Sub-Section (ii)

PUBLISHED BY AUTHORITY

So. 105] NEW DELHI, WEDNESDAY, FEBRUARY 20, 1991/PHALGUNA 1,1912

Separate Paging is given to this Part in order that It may be filed as a


separate compilation

452 GI/91 0)
2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)l
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4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART It—SEC. 3(ii)l
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MINISTRY OF ENVIRONMENT & FORESTS 1989 and GSR tO37(E) dated 5th Decem-
ber, 1989 ;
(Department of Environment, Forests & Wildlife)
(iii) Setting up and expansion of fish processing
NOTIFICATION UNDER SECTION 3(1) AND units including warehrarln* (excluding
SECTION 3{2)(v) OF THE ENVIRONMENT hatchery and natural fish drying in permit-
(PROTECTION) ACT, 1986 AND RULE 5(3)(d) ted areas) ;
OF ENVIRONMENT (PROTECTION) RULES,
(iv) setting up' aindl expansion of uni'ts|mi:chiJr
1986, DECLARING COASTAL-STRETCHES AS nisms Tor disposal of waste i and effluents,
COASTAL REGULATION ZONE (CRZ) AND except facilities required for discharging
REGULATING ACTIVITIES IN THE CRZ. treated effluents into the water course with
New Delhi, the 19th February, 1991 approval under the Water (Prevention and
Control of Pollution) Act, 1974 ; and except
S.O. 114(E).—Whereas a Notification under Sec- for storm water drains',
tion 3(1) and Section 3(2'i(v) uf the Environment (v) di charge of untreated washes and effluents
(Protection) Act, 1986, inviting objections against from Industries, cities or towns and other
the declaration of Coastal Stretches as Coastal Regu- human settlements. Schemes shall be im-
lation Zone (CRZ) and imposing; restrictions on plemented by the concerned authorities for
industries, operations and processes in the CRZ was phasing out the existing practices, if any,
published vide S.O. No. 944 (E) dated 15th Decem- within a reasonable time period not exceed-
ber, 1990. ing three years from the date oF this noti-
fication ;
And whereas all objections received have been
duly considered by the Central Government ; (vi) dumping of city or town waste for the pur-
noses of landfiiling or otherwise ; the exist-
Now, therefore, in cxerci e of the powers conferred ing practice, if any, shall be phased out
by Clause (d) of sub-rule (3) of Rule 5 of the En- within a reasonable time not exceeding
vironment (Protection) Rules, 1986, and all other three years from the date of this Notifica-
powers vesting in its behalf, the Central Government tion ;
hereby declares the coastal stretches of seas, bays,
estuaries, creeks, rivers and backwaters which are (vji) dumping of ash or any wastes from thermal
influenced by tidal action (in the landward side) upto power stations ;
500 metres from the High Tide Line (HTL) and the
land between the Low Tide Line (LTL) and the HTL (viii) land reclamation, bunding or disturbing the
as Coastal Regulation Zone,; and imposes with effect natural course of r ea water with similar
from the date of this Notification, the following res- obstructions, except those required for con-
trictions on the setting up and expansion of industries, trol of coastal erosion and maintenance or
operations or processes etc. in the said Coastal Regu- cleasing of waterways, channels and ports
lation Zone (CRZ). For purposes of this Notification, and fo- prcvent'on nf sandbars and also
the High [Tide Line (HTL) will be denned as the line except for tidal regulators, storm water
upto which the highest high tide reaches at spring drains and structures for prevention of sali-
tides. ' ' ' I1*1'* nity ingress and for sweet water recharge ;
(ix) mining of riands, rocks and other substrata
Note.—The distance from the High Tide Line materials, except those rare minerals not
(HTL) to which the proposed regulations will apply available outside the CRZ areas ;
in the case of rivers, creeks and backwater*; may be
modified on a case by case basis for raa'ons to be (x) harvesting; or drawal of ground water and
recorded while preparing the Coastal Zone Manage- construction of mechanisms therefor within)
ment Plans (referred to below) ; however, this distance 200 m of HTL ; in the 200 m to 500 m
shall not be less than 100 metre i or the width of the zone it shall be permitted onlv when done
creek, river or backwater whichever is less. manually through ordinary wells for drink-
ing, horticulture, agriculture and fi heries ;
2. Prohibited Activities :
(xi) construction activities in ecologically sensi-
The following activities are declared as prohibited tive areas as specified in Annexure-I of this
within the Coastal Regulation Zone, namely : Notification ;
(i) setting up of new indu tries and expansion (xii) anv construction activitv between the Low
of existing industries, except those directly Tide Line and High Tide Line except faci-
related to water front or directly needing lities for carrving treated effluents and
foreshore facilities ; waste water discharges into the sea, facilities
for carrying sea water for cooling purposes,
(ii) manufacture or handling or storage or dis- oil, gas and similar pipelines and facilities
posal of hazardous nihstances as specified csentia] for activities permitted under this
in the Notifications or the Government of Notification ; and
India in the Ministry of Environment &
Forest. No. S.O. 594(E) dnte.] ?Rfh July, (xiii) dressing or alterim: of sand dunes, hills,
1989, S.O. 966(E) dated 27th November, natural features including landscape changes
6 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

for bpautiiicuti'on, recreational and other (iii) In the interim period till the Coastal Zone
such purpose:, except as permissible under Management Plans mentioned in para
this Notification. 3(3)(i) above arc prepared and approved,
all developments and activities within the
3. Regulation of Permissible Activities : CRZ shall not violate the provisions of
this Notification. State Governments and
All other activities, except thos; prohibited in para Union Territory Administrations shall en-
2 above, will be regulated as under : sure adherence to these regulations and
(1) Clearance shall be given for any activity violations, if any, shall be stubject to the
within tile Coastal Regulation Zone only provisions of the Environment (Protec-
if it require;, water front and foreshore tion) Act, 1986.
facilities.
4. Procedure for monitoring and enforcement :
(2) The following activities will require environ- The Ministry of Environment & Forests and the
mental clearance from the Ministry of En- Government of State or Union Territory and such
vironment & Forests, Government of India, other authorities at the State or Union Territory levels,
namely : as may be designated for this purpose, shall be res-
ponsible for monitoring and enforcement of the provi-
(i) Construction activities related to Defence sions of this notification within their respective juris-
requirements for which foreshore facili-
dictions.
ties are essential (e.g. slipways, jetties
etc.); except for classified operational [N. K-15019|l|84-IA-III (Vol. II)]
component of defence projects for which ft I • A T .^ h n ^% n. J • f *-w **»•• «•
a separate procedure shall be followed.
(Residential buildings! office buildings,
hospital complexes, workshops shall not ANNEXURE-I
come within the definition of operational COASTAL AREA CLASSIFICATION AND
requirements except in very special cases
DEVELOPMENT REGULATIONS
and hence shall not normally be permitted
in the CRZ); Classification of Coastal Regulation Zone :
(ii) Operational constructions for ports and 6(1) For regulating development activities, tlje
harbours and light hotases requiring water coastal stretches within 500 metres of High Tide
frontage; jetties wharves, quays, slip- Line of the landward side are classified into four
ways etc. (Residential buildings & oflice categories, namely :
buildings shall not come within the defini- Category I (CRZ-T) :
tion of operational activities except in
very special cases and hence shall not (i) Areas that are ecologically sensitive and im-
normally be permitted in the CRZ); portant, such as national parks |marinc
parks, sanctuaries, reserve forest?, wildlife
(iii) Thermal power plants (only foreshore faci- habitats, mangroves, coraU[coral reefs, areas
lities for transport of raw materials facili- close to breeding and spawning grounds of
ties for in-take of cooling water and out- fish and other marine life, areas of out-
fall for discharge of treated waste water standing natural beautyjhistorical [heritage
cooling water); and areas, areas rich in genetic diversity, area3
(iv) All other activities with investment ex- likely to be inundated du? to rise in sea
ceeding rupees five crores. level consequent lupon global warming and
such other areas as may be declared by the
(3) (i) The coastal States and Union Territory Central Government or the concerned au-
Administrations shall prepare, within a thorities at the State [Union Territory level
period of one year from the date of this from time to time.
Notification. Coastal Zone Management
Plans identifying and classifying the CRZ (ii) Area between the Low Tide Line nnd the
areas within their respective territories in High Tide Line.
accordance with the guidelines given in
Anneocures-I and IT of the Notification and Category-It (CRZ-II) :
obtain approval (with or without modifi- The eica:. that have already been developed upto
cations) of the Central Government in the or close to the shore-line. For this purpose, "deve-
Ministry of Environment & Forests; loped area" is referred to as that area within the
municipal limits or in other legally designated urban
(ii) Within the framework of such approved areas which is already substantially built up and
plans, all development and activities which has been provided with drainage and approach
within the CRZ other than those covered roads and other infrastructure! facilities, such as
in para 2 and para 3(2) above shall be re- water supply and sewerage mains.
gulated by the State Government, Union
Territory Administration or the local
CcitegoryTTI (CRZ-III) :
authority as the case raav be in nccor-
ihr.cp wifh the guidelines tfiven in Annex- Areas that are relatively undisturbed and thost
ures-I and II of the Notification; and which do not belong to either Catcgory-I or II. Ihese
7

will include coastal zone in the PJI.I1 areas (develop- (iii) Construction[reconstruction of dwelling units
ed ami undeveloped) and also areas within Munici- between 200 and 500 metres of the High
pal limits or in other legally designated, urban areas Tide Line permitted so long it is within the
which aie not substantially built up. ambit of traditional rights and customary
uses such as existing fishing villages and
Category-TV (CRZ-IV) goathans. Building permission for such
construction [reconstruction will be subject
Coastal stretches in the Andaman & Nicobar, Lak- to the conditions that the total number of
shadweep arid small islands except those designated dwelling units shall not be more than twice
as CRZ-I, CRZ-II or CRZ-III. the number of existing units ; total covered
area on all (floors shall not exceed 33 per
Nnrms for Regulation of Activities. cent of the plot size ; the overall height of
6(2) The development or construction activities construction shall not exce:d 9 metres and
in different categories of CRZ areas shall be regulat- construction shall not be more than 2 floors
ed by the concerned authorities at the State jUniun (gtound floor plus one fkm1).
Territory level, in accordance with the following
norms :* (iv) Re construction|alterations of an existing au-
thorised btuijding permitted subject to (i)
CRZ-I to (iii) above.

No new construction shall be psrmittcd within 500 CRZ-IV


metres c*f the High Tide Line. No construction acti-
vity, except as listed under 2(xii), will be permitted Andaman & Nicobar Islands :
between the Low Tide Line and the High Tide Lnie. (i) No new construction of buildings shall be
permitted within 200 metres of the HTL ;
CRZ-ir
(ii) The buildings between 20O and 500 metres
(i) Buildings shall be permitted neither on the; from the High Tide Line shall not have
seaward side of the existing road (or rotids more than 2 floors (ground floor end 1st
proposed in the approved Coastal Zone floor), the total covered -jrca on all floors
Management Plan of the area) nor on sea- shall not be more than 50 per cent of the
ward side of existing authorised structures. plot size and the total heii'it of construc-
Buildings permitted on the landward side tion shall not exceed 9 metres ;
of the existing and proposed roadsjexisting
authorised structures shall be subject to (iii) The design arid construction of buildings shall
the existing local Town and Country Plan- be consistent with the surrounding land-
ning Regulations including the existing i'cirpe and local architectural style,
norms of FSI|FAR.
(iv) Corals and sand from the beaches and coas-
(ii) Reconstruction of the authorised buildings tal waters shall not be ussd for construc-
to be permitted subject with the existing ts.n and other purposes :
FSI|FAR norms and without change in the
existing use. (v) Drcdping and underwater blasting in and
around coral formations shall not be per-
(iii") The design and construction of buildings mitted; and
shall be consistent with the surrounding
landscape and local architectural style, (vi) However, m some of the islands, coastal
stretches mav also be classified into cate-
gories CRZ-I or T,r or TIT, with the prior
CRZ-III approval of Ministry of Environment and
(i) The area upto 200 metres from the High Forests and in such designated stretches, the
Tide Line is to be earmarked as 'No Deve- nnnronnate regulations given for respective
lopment Zone'. No construction chall be Categories shall apply.
permitted within this zone except for re-
pairs of existing authorised structures not Lakshi^v^n ar>(l srpMfl Islands :
exceeding existing FS1, existing plinth area f1') For perm;tt:n<r rnnstmction of buildings, the
and existing density. However, the follow- distance from the High Tide Line shall be
ing uses may be permissible in this zone—-
decided defending on the '.-we nf the
agriculture, horticulture, gardens, pastures,
parks, playfields, forestry and salt manufac- islands. This shall be laid down for each
ture from sea water. M;ind, in consultation wifh the exoerts and
with approval of the Ministry of Environ-
ment & Forests, keeping- in view the land
(ii) Development of vacant plo*s between 200 vc rocminiments for specific purposes vis-a-
and 500 metres of Hish Tide Line in desi- vis lre-nl conditions including hvdroioircal
gnated areas of CRZ-[IT with prior appro- aspect? erosion and ecological sensitivity;
val of MEF permitted Tor construction of
hotels|beach resorts for temporary occupa- (if» The buildings within 500 metres from the
tion of tourists|visitors subject to the con- HTL srnli not have more than 2 floors
ditions as stipulated in the guidelines at (ground floor and 1st floor), the total cover-
Annexure-II. ed area on all floors shall not be more than
8 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

50 per cent of the plot size and the total (vij However, in some of the Islands, coastal
height of construction shall not exceed 9 stretches may also be classified into categories
metres; CRZ-i or ill or 111 with prior approval of
the Ministry of Environment & Forests. In
(iii) The design and construction of buildings shall such designated stretches the appropriate
be consistent with the surrounding lands- regulations given for respective categories
cape and local architectural style- shall apply.
(iv) Corals and s a nd from the beaches and
coastal waters shall not be used for construc- ANNEXURE-II
tion and other purposes;
GUIDELINES FOR DEVELOPMENT OF BEACH
RESORTS|HOTELS IN THE DESIGNATED
(v) Dredging and underwater blasting in and
AREAS OF CRZ-III FOR TEMPORARY OCCU-
around coral formations shall not be per-
PATION OF TOURIST]VISITORS. WTTH PRIOR
mitted; and
APPROVAL OF THE MINISTRY OF ENVIRON-
MENT & FORESTS
(vi) However, in some of the islands, coastal
stretches may also be classified into categori-
7(1) Construction of beach rcsorts]hotels, with prior
es CRZ-I or TT or IjIT, with the prior appro-
approval of MEF in the designated areas of CRZ-TIF
val of Ministry of Environment & Forests
for temporary occupation of tourists] visitors shall be
and in such designated stretches, the appro-
subject to the following conditions :
priate regulations given for respective Cate-
gories shall apply.
(i) The project proponents shall not undertake
any construction (including temporary con-
Lakshadwecp and small Islands : •tructions and fencing or such other bar-
riers) within 200 metres (in the landward
(i) For permitting construction of buildings, the side) from the High 'Tide Line and within
distance from the High Tide Line shall be the area between the Low Tide and High
decided depending on the size of the islands. Tide Line;
This shall be laid down for each island, in
consultation with the experts and with ap- (ii) The total plot size shall not be less than
proval of the Ministry of Environment & 0.4 hectares and the total covered area on
Forsts, keeping in view the land use require- all floors shall not exceed 33 per cent of the
ments for specific purposes vis-a-vis local plot size i.e. the FSI shall not exceed 0.33.
conditions including hydrological aspects, The open area shall be suitably landscaped
erosion and ecological sensitivity; with appropriate vegetal cover;

(h) The buildings within 500 metres from the (iii) The construction shall be consistent with
HTL shall not have more than 2 floors the surrounding landscape and local archi-
(ground floor and 1st floor), the total cover- tectural style;
ed area on all floors shall not be more than
50 per cent of the plot size and the total (iv) The overall height of construction upto the
height of construction shall not exceed 9 highest ridge of the roof, shall not exceed 9
metres; metres and the construction shall not be more
than 2 floors (ground floor plus one upper
(iii) The design and construction of buildings floor);
shall be consistent w'th the surrounding
landscape and local architectural style, (v) Ground water shall not be tapped within
^00 m of the HTL; within the 200 metre-
(iv) Corals and fand from the benches and -:"is- 500 metre zone it can be tapped only with
tal waters, shall not be used for construc- the concurrence of the Central] State Ground
tion and other purposes. Water Board;

(v) Dredging and under water blasting in and (vi) Fxtraction of sand, levelling or digging of
around lagoons and roral formations shall of sandy stretches except for structural foun-
not be permitted; and dation of building, swimming pool shall not
9

be permitted within 500 metres of the High between any two hotels |beach resorts; and
Tide Line; in no case shall gaps be less than 500 metres
apart; and
(vii) The quality of treated effluents, solid wastes,
emissions and noise levels etc. from the (x) If the project involves diversion of forest
project area must conform to the standards land for non-forest purposes, clearance as
laid down by the competent authorities in- required under the Forest (Conservation),
cluding the Central| State Pollution Control Act, 1980 shall be obtained. The require-
Board and under the Environment (Protec- ments of other Central and State laws as
tion) Act, 1986; applicable to the project shall be met with.
(vttii) Necessary arrangements for the treatment
(xi) Approval of the State|Union Territory Tou-
of the effluents and solid wastes must be
rism Department shall be obtained.
made. It must be ensured that the untreated
effluents and solid wastes are not discharged
7(2) In ecologically sensitive areas (such as marine
into the water or on the beach; and no
parks, mangroves, coral reefs, breeding and spawning
effluent|solid waste shall be discharged on
grounds of fish, wildlife habitats and such other areas
the beach;
as may be notified by the Central|State Governmentl
(k) To allow public access to the beach, atleast Union Territories) construction of beach resorts |hotels
a gap of 20 metres width shall be provided shall not be permitted.

45: GI/91—2
Printed by the Manager, Govt. of India Press, Rine Road, Now Delhi-110064
and Published by (he Controller of Publicmions, DelhM 10054, 1990

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